Revisiting the Rule of Law and the Rule of Man

Abstract

This paper challenges the seemingly uncompromisable dichotomy between the rule of law and the rule of man in the discussion of liberal democracy. Whereas the rule f law has long been stressed as an indispensable element in the sustained survival of democracy, we point out that, like the rule-of-man-based institution, it is subject to potential deterioration. When deterioration does occur the sustainability of democracy cannot solely depend on perpetuating the existing rule of law system. The alternative we propose is to utilize the constitutive relationship between the rule of law and the rule of man to initiate institutional change that will halt this deterioration. Leaders in this constitutive structure are required to exhibit two pivotal qualities: (1) the ability to Initiate institutional change to halt deterioration in the existing system; and (2) willingness to submit to the rule of law institution once it has been established so as to ensure the sustainability of democracy. Two examples of such leaders are chosen: Charles de Gaulle in France and Chiang Ching-kuo in the Republic of China on Taiwan. They exemplify how a non-antagonistic and non-exclusive understanding of the rule of law and the rule of man can help, in the former, to further consolidate democracy in a lime of crisis, and in the latter, to transform an authoritarian regime into a democracy in a lime of transition.